Welcome to our page with important and helpful rules for the road. There are many regulations for truckers nationwide and in California. The award-winning and aggressive Ehline Law Firm writes this page to help autoists and educate truck drivers and the trucking companies they haul for. If you have additional questions, call us and leave a message. We promptly return calls to commercial truck drivers and other auto accident victims.

Below I will detail the rules for passenger-carrying drivers, as well as property-carrying drivers and other rules the trucking company must follow to obviate a truck accident.

What Does Title 49 of the Code of Federal Regulations Say?

First of all, you already know that trucks that are 18-wheelers or big rigs are hefty and large. These vehicles cause a large percentage of motor vehicle accidents. Also, the United States roadways remain filled with these steel beasts.

Due to their size and weight, making them more likely than cars to cause fatalities, rules were promulgated at the state and federal levels.  Also, established commercial licensing in Title 49 is mandatory.

What Are Some Ways These Wrecks Happen?

There are numerous reasons why trucking accidents happen. And an experienced legal expert will tell you the number one reason is fatigue. According to the NHTSA, overworked and tired truckers lead in auto accidents. And this is despite strong regulation in Title 49 of the Code of Federal Regulations.

So these are most of the regulations that govern commercial motor operators. And these rules also include the Hours of Service. So this is the amount of time that the employee is permitted to drive daily. Plus, it regulates the amount of rest they must have.

• The operator must keep a log of their day.
• They must log the hours they have driven, and
• Hours of sleep.
• They are even required to log if they have been negligent in driving.

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What About State Laws?

Many states have sleep requirements. But a general rule exists for California employees. Mostly, for every 12 hours of driving, you must take 10 hours of rest. (Read more.)

What Does the FMCSA Say About Driving Logs?

When an accident occurs, the driving log is one of the best forms of evidence. The other factors that can provide evidence are the employee’s overall safety record.

So this will include the:

• Training
• Cell phone records
• Witness statements.

So this would record obvious negligence, such as using a cell phone or texting. After all, this contributes to motor vehicle accidents, and we all know this.

This risk has not gone unnoticed; the Federal Motor Carrier Safety Admin (FMCSA) proposed legislation that would ban handheld cell phones while driving in all states. There are already many states with laws prohibiting handheld cell phones by drivers.

California is one of the states that outlaw the use of phones in your hand while driving. And they also include 18-wheelers in this ban. When the law was enacted in 2008, drivers with a Class A or B license did not need to comply.

So back then, the cell phone law was not applicable in states other than those that had their own regulations. The FMCSA outlines the training requirements for drivers.

Is Evidence of Driver Training Key in Many Cases?

Evidence of operator training is prime for a trucker accident case.

Also included are the following:

• Requirements for drug and alcohol testing for employees
• Their driving practices.

Furthermore, a mandate exists for:

• Maintenance of components or accessories
• Regulations for the transport of toxic or hazardous materials

What Are the Rules for Property Carrying Drivers?

The rules for property-carrying drivers can vary depending on the country and jurisdiction. However, in general, property-carrying drivers are subject to a set of regulations that are designed to ensure their safety, as well as the safety of other road users.

Some of the most important rules for property carrying drivers include the following:

1. Hours of Service: Property-carrying drivers are typically subject to hours-of-service regulations that limit the number of hours they can drive without taking a break. These regulations are designed to prevent fatigue and ensure that drivers are alert and focused when they are behind the wheel.
2. Load Limits: Property-carrying drivers are also subject to load limits, which specify the maximum weight that a vehicle can carry. These limits are designed to ensure that the vehicle is safe to operate and that the load is properly secured.
3. Vehicle Maintenance: Property-carrying drivers are responsible for ensuring that their vehicles are properly maintained and in good working order. This includes performing regular inspections, making necessary repairs, and properly ensuring all safety equipment functions.
4. Driver Qualifications: Property-carrying drivers are required to have a valid driver’s license and meet certain qualifications, such as passing a written and/or practical exam, before they are allowed to operate a commercial vehicle.
5. Drug and Alcohol Testing: Property-carrying drivers are subject to drug and alcohol testing to ensure that they are not operating a vehicle while impaired.
6. Record-Keeping: Property-carrying drivers are required to maintain detailed records of their driving hours, vehicle maintenance, and other important information. These records are used to ensure compliance with regulations and monitor commercial vehicles’ safety on the road.

Overall, the rules for property carrying drivers are designed to ensure their safety, as well as the safety of other road users, and to promote responsible and efficient commercial transportation.

What are the Rules for Passenger Carrying Drivers?

The rules for passenger-carrying drivers can vary depending on the country and jurisdiction. However, in general, passenger-carrying drivers are subject to a set of regulations that are designed to ensure their safety, as well as the safety of their passengers and other road users.

Some of the most important rules for passenger-carrying drivers include:

1. Driver Qualifications: Passenger-carrying drivers are required to have a valid driver’s license and meet certain qualifications, such as passing a written and/or practical exam before they are allowed to operate a commercial vehicle.
2. Hours of Service: Passenger-carrying drivers are subject to hours-of-service regulations that limit the number of hours they can drive without taking a break. These regulations are designed to prevent fatigue and ensure that drivers are alert and focused when they are behind the wheel. After driving eight consecutive hours while off-duty, truckers can drive a maximum of 10 hours. After eight consecutive hours off-duty, a driver may not operate the vehicle after being on duty for 15 hours. Drivers can drive up to 60 hours in seven days or 70 hours in eight days in the commercial trucking industry.
3. Vehicle Maintenance: Passenger-carrying drivers are responsible for ensuring that their vehicles are properly maintained and in good working order. This includes performing regular inspections, making necessary repairs, and ensuring all safety equipment functions properly.
4. Drug and Alcohol Testing: Passenger-carrying drivers are subject to drug and alcohol testing to ensure that they are not operating a vehicle while impaired. Again, truck accidents in a big rig can lead to mass extinction chain collisions, so be careful when driving a commercial motor vehicle to avoid mind-altering substances!
5. Passenger Safety: Passenger-carrying drivers are responsible for ensuring the safety of their passengers, as are the truck companies that pay them and perform the truck maintenance. This includes ensuring that all passengers are properly seated and using seat belts, following all traffic laws and regulations, and providing assistance in the event of an emergency.
6. Record-Keeping: Passenger-carrying commercial drivers, even when independent contractors, are required to maintain detailed records of their driving hours, vehicle maintenance, and other important information. Federal and state laws mirror the Motor Carrier Safety Administration guidelines, and even a school bus driver must follow them. These records are used to ensure compliance with regulations and monitor commercial vehicles’ safety on the road.

Overall, the rules for passenger-carrying drivers are designed to ensure their safety, as well as the safety of their passengers and other road users, and to promote responsible and efficient commercial transportation.

What About The Self Driving Truck Dilemma?

Will this be self-driving soon?

Tesla is in all of the headlines lately. And for more than just launching a car on the way to Mars. Elon Musk and his company want to take over the car industry with bold ideas. Tesla’s top experiment is self-driving cars. As of today, it is unclear whether the company can pull it off.

However, what is more explicit are the project’s inherent risks. Self-driving cars are among the riskiest things going technologically. Google the term self-driving car, and the results show up with “accident” as one of the top ones. USA Today reported on the fact that new self-driving trucks will likely have the ability to choose who would die in an accident.

Human nature is fallible enough. Imagine putting the life of your family in the hands of several circuits. What is less obvious is the companies that will adopt the technology. One Tesla semi comes with a 300-mile range for $150k, and another with a 500-mile range for $180,000. Ouch. Tesla claims it will start production in 2019, and several prominent corporations have them on pre-order, including Anheuser-Busch, Pepsi, Sysco, UPS, and even Wal-Mart.

A Risk Foreseen With Big Rigs?

Each of the companies above is making a bet on the tech that isn’t out of its infancy. Worse yet, they are a danger as presently constructed. Self-driving car tech is likely decades away from fluency, not just a year or so. Furthermore, this overconfidence is likely a fatal flaw in road safety and these companies’ plans.

However, poor ideas haven’t stopped people before. But it appears that they will proceed. The numbers above represent just a fraction of these companies’ overall fleets.

However, they may be a trend that is difficult to reverse once started. Once these vehicles are on the road, they could represent a significant shift away from the safety of motor vehicle travel we’ve grown accustomed to and toward something much less predictable.

Why Not Leave It To The Local Trucking Accident Attorney?

Any of these regulations or negligence of them can be a factor in the injury or death in a crash. Michael P. Ehline, Esq. will investigate. That way, he can determine if any regulations have been followed.

Then we can hold whoever is at fault responsible.  And then you can recover the compensation that you deserve. If you would like more information, please feel free to call (213) 596-9642.  Or click here to visit our personal injury home page.